In re Reynolds
District Court, N.D. New York
In Bankruptcy. In the matter of the bankruptcy of Florence I. Reynolds. Application, on return of order tO' show cause, for an order making permanent, or until the application of the bankrupt for discharge should be determined, an order staying suits and proceedings by the trustee to reach the surplus income, if any, to which the bankrupt might be entitled under a trust created under the last will and testament of Matthew H. Bender, now deceased.
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In Bankruptcy. In the matter of the bankruptcy of Florence I. Reynolds. Application, on return of order tO' show cause, for an order making permanent, or until the application of the bankrupt for discharge should be determined, an order staying suits and proceedings by the trustee to reach the surplus income, if any, to which the bankrupt might be entitled under a trust created under the last will and testament of Matthew H. Bender, now deceased. By “surplus income” is meant the income accruing under the trust not necessary for the suitable support and maintenance of the bankrupt.
1Opinion of the Court
RAY, District Judge.
By his last will and testament, Matthew Ii. Bender, now deceased, gave and bequeathed to Charles C. Bullock, Jr., as trustee, in trust, a considerable sum of money and property, much of which is in real estate, he—
“to receive the routs, issues and profits thereof and after defraying all taxes and other lawful charges upon the same to semiannually pay the net income thereof in equal shares to Florence Irving Reynolds [the now bankrupt] and Frederick R. Bender during their natural lives.”
There are provisions in the will as to the disposition of the trust fund, etc.., on and…
2Cases cited8 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Williams v. . ThornNew York Court of Appeals · 1877
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- Tolles v. . WoodNew York Court of Appeals · 1885
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rowe v. Farmers' Loan & Trust Co.New York Supreme Court · 1928